HomeMy WebLinkAboutSDP202000029 Correspondence 2020-04-16Elemental Ecotech, LLC
809 Bolling Ave, Unit C
Charlottesville, VA 22902
Via First Class Mail notice requested in 4.14.2020 letter
Matt Hegemier
H5 LLC
PO Box 7664
Charlottesville, VA 22906
Via UPS (notice required by Easement)
Yves Delorme, Inc.
Attn: Jennifer Nobbs
1725 Broadway St.
Charlottesville, VA 22902
April 16, 2020
Dear Mr. Hegemier,
We were surprised to get your letter of April 14 with your request that we no longer access the former
Yves Delorme Inc. property ("your property") (TMP 07700-00-00-0040M0) for the work we have
planned. We appreciate you expressing your concerns as to your opinion that Chris has trespassed on
your property. However, he assures me that he has only moved within the limits of our easements and
that he has made every effort to respect those boundaries.
Pursuant to section 1.(v) of the easement dated August 2, 2016 and recorded August 5, 2016 (the
"Easement"), Elemental Ecotech LLC ("we") had to commence work with in the limits of disturbance
within 3 years of recordation. In July of 2019 we did in fact commence construction and cleared and
graded a section of your property according to the then approved site plan and as expressly provided for
and permitted in the Easement. we then paused the work because we submitted a major site plan
amendment, which is under county review right now.
We are aware that we only have until August 5 of this year to complete the work, again, as per section
1.(v) of the Easement. And while we are certainly concerned that we might not make that deadline, we
are sure that it is on that date — a full four (4) years following recordation of the Easement - on which
our permission to complete the work will expire.
It would be a shame if your April 14, 2020 notice, which you copied to county staff, were to delay our
site plan review. If it does, we would have to ask for an extension of the August 5, 2020 deadline to
compensate for any delay your action might cause or may have already caused.
And, although you have provided a new address for notification purposes, section 12 of the Easement
states that notice must be delivered by recognized courier service, and my understanding is that UPS
and FedEx will not service a P.O. Box. Therefore, EEC cannot comply with your request and will instead
send this and future notices to you by first class mail at the PO Box as you instruct and also by UPS at the
physical address on Broadway.
Please be welcome to call either of us directly to discuss this or any other concerns you may have as we
continue to develop EEC's property. We aspire to be the best of neighbors.
We look forward to completing the work we that we purchased the right to do on your property in a
timely, courteous, and professional manner. Thank you.
Sincerely,
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Kevin O'Brien
Managing Member
Elemental EcoTech Ltd.
703 966-2438 (m)